The case of a second grader suspended from school because he shaped his Pop Tart like a gun is prompting legislation in Annapolis.

Baltimore and Harford County Republican Senator J.B. Jennings has introduced a bill that would bar a school from suspending a student for simply drawing a picture of a gun, molding food into the shape of a gun, or pointing their thumb and forefinger in the shape of a gun.

"I don't know what to say. I think it is ridiculous," Jennings told WBAL News in reaction to the suspension of Joshua Welch of Anne Arundel County..

Jennings says a student would still face suspension if using any of these items to attack someone or threaten someone.

He says, even with his bill, schools could still call parents in for a conference in an attempt to change their child's behavior.

"It keeps it off their permanent record. That's the big issue Suspending a student puts it on their permanent record," Jennings added.

Welch received a two day suspension last Friday at Park Elementary School.

Park Elementary School sent home a letter to parents that read, "During breakfast this morning, one of our students used food to make inappropriate gestures that disrupted the class. While no physical threats were made and no one was harmed, the student had to be removed from the classroom."

"When you compare the caliber of the 'offense' to the caliber of the punishment, they don't match up. I just feel that's a lack of common sense in conjunction with the use of the rules and, honestly, I believe there's some personal bias involved in the decision, as well," the boy's father B.J. told CNN.